From start to finish, an eviction in Louisiana can be completed in 2 to 5 weeks. However, it can take longer depending on the reason and whether the tenant contests it.
Grounds for an Eviction in Louisiana
In Louisiana, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
Not paying rent on time
Staying after the lease ends
Violating lease terms
Depending on the grounds for eviction, the landlord mustgive proper notice and provide the tenant a chance to cure the violation.
In Louisiana, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 5 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Louisiana the day immediately after its due date. Louisiana landlordsare notrequired to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlordmusthonor it.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
example
If rent is due on January 1st, it will be considered late starting on January 2nd, unless the lease specifically states there is a grace period.
End of Lease or No Lease
In Louisiana, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 10-days’ notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Louisiana, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Louisiana landlord-tenant law. To do so, the landlord must first serve the tenant a 5 days’ notice to comply or vacate.
Landlords are not legally required to give tenants a chance to fix a lease violation. So at the discretion of the landlord, the tenant either has the option to fix the issue or move out within the 5-day period.
Examples of lease violations include:
Allowing unauthorized occupants to reside at the rental unit
Causing negligent or deliberate property damage
Refusing to allow the landlord access to the rental unit
Failing to maintain the premises in a clean and sanitary manner
Disturbing the peace and enjoyment of others
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in Louisiana
In Louisiana, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant $200 and/or could face imprisonment up to 3 months.
“Self-Help” Evictions
A landlord is not allowed to attempt to forcibly remove a tenant by:
Changing the locks
Shutting off utilities
Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
In Louisiana, there is no state statute prohibiting landlords from retaliating against tenants for exercising their legal rights (i.e., pursuing a legal action against the landlord, joining a tenant’s union).
A landlord can begin the eviction process in Louisiana by serving the tenant with written notice. The lease typically controls policies for delivery of an initial written eviction notice. If the lease is silent, the law requires a delivery method that is “reasonable in form.” These methods, taken from eviction for nonpayment of rent on an oral lease, are legally sufficient for most situations:
Hand delivery to the tenant
Delivery by certified mail, to the tenant’s last known address
Only if the tenant’s whereabouts are unknown, or the property is abandoned: Tacking notice to the door of the premises
Unlike most states, a written lease in Louisiana can include waiver of ALL notice requirements, if the parties agree. This waiver lets a landlord file for eviction immediately without providing notice to the tenant first.
tip
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
5-Day Notice To Quit
In Louisiana, if a tenant is late on paying rent (full or partial), the landlord can serve them a 5-Day Notice To Quit. This eviction notice gives the tenant 5 days, not counting legal holidays, to pay the balance due or move out.
10-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in Louisiana, the landlord can serve them a 10-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 10 days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
Rent Payment Frequency
Notice Amount
Week-to-Week
5 Days
Month-to-Month
10 Days
Quarter-to-Quarter
30 Days
Year-to-Year
30 Days
No Definite Term
5 Days
5-Day Notice To Comply or Vacate
In Louisiana, if a tenant violates the terms of their lease or legal responsibilities, the landlord can serve them a 5-Day Notice To Comply or Vacate. This eviction notice gives the tenant 5 days, not counting legal holidays, to fix the issue or move out.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Louisiana landlords must file a complaint in the appropriate court, and the court will issue a Rule for Possession (or Rule to Evict) ordering the tenant appears for a hearing.
In City and District Courts the Rule for Possession shall be written and must state the cause for the eviction.
In Justice of the Peace Courts the Rule for Possession does not need to be written.
Step 3: Court Serves Tenant with Summons and Complaint
The Rule for Possession must be served on the tenant by a sheriff or constable at least two days prior to the eviction hearing, through one of the following methods:
Giving a copy to the tenant in person
Posting a copy on the door of the rental unit
Mailing a copy
note
The summons and complaint must be served on the tenant at least 2 days prior to the eviction hearing.
Step 4: Court Holds Hearing and Issues Judgment
The eviction hearing must be held at least 3 days after the summons was served on the tenant.
If the tenant fails to appear for the hearing, it will not be continued, and the judge may issue a default judgment in favor of the landlord, meaning the tenant will have to move. If the judge rules in favor of the landlord, a summary possession execution will be issued and the eviction process will proceed.
Step 5: Writ of Possession Is Issued
The writ of possession is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff, constable, or marshal returns to the property to forcibly remove the tenant.
If the court has ruled in the landlord’s favor, the court will issue a writ of possession or a writ of execution. This could happen at the eviction hearing or at a later date.
The tenant will be forcibly removed from the rental unit if they don’t move out before the writ is executed.
note
The writ of possession may be issued as soon as a few hours to a few days after the hearing.
Step 6: Possession of Property is Returned
If tenants have not moved out of the rental unit 24 hours (i.e., midnight the following night) after the writ is issued, the sheriff, constable, or marshal will return to forcibly remove the tenant.
The sheriff, constable, or marshal shall be in the presence of two witnesses to clear the rental unit. If necessary, they may break open any window, door, or gate on the premises that is locked and stopping them from entering the premises.
note
The tenant must move out within 24 hours of the date of the writ is issued.
Louisiana Eviction Process Timeline
In Louisiana, an eviction can be completed in 2 to 5 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Louisiana eviction process outside the control of landlords for cases that go uncontested.
Step
Estimated Time
Initial Notice Period
5-30 Calendar Days
Court Issuing Summons
~2 Business Days
Court Serving Summons
~2 Business Days
Tenant Response Period
Not Required
Court Ruling
3 Business Days
Court Serving Writ of Possession
1-3 Business Days
Final Notice Period
24 Hours
Flowchart of Louisiana Eviction Process
Louisiana Eviction Court Fees
The average cost of an eviction in Louisiana for all filing, court, and service fees is $170. However, the cost can vary by parish. Eviction lawsuits are filed in City Court where the dwelling unit is located.
When a lessee’s right of occupancy has ceased because of the termination of the lease by expiration of its term…nonpayment of rent, or for any other reason, and the lessor wishes to obtain possession of the premises…written notice to vacate the premises…shall allow the lessee not less than five days from the date of its delivery to vacate the leased premises.
A. Whenever any lessee of any apartment building, house, motel, hotel, or other such dwelling fails to pay rent that has become due and delinquent, within twenty days after delivery of written demand therefor made in accordance with the provisions of this Section…C. The provisions of this Section shall apply to oral leases only.
(1) In a lease whose term is measured by a period longer than a month, thirty calendar days before the end of that period; (2) In a month-to-month lease, ten calendar days before the end of that month; (3) In a lease…equal to or longer than a week but shorter than a month, five calendar days before the end of that period…
(1) To pay the rent in accordance with the agreed terms;
(2) To use the thing as a prudent administrator and in accordance with the purpose for which it was leased; and
(3) To return the thing at the end of the lease in a condition that is the same as it was when the thing was delivered to him, except for normal wear and tear or as otherwise provided hereafter.
C. Any person guilty of entering and removing any property in violation of this Section shall be fined not more than two hundred dollars or imprisoned for not more than three months, or both. Nothing in this Section shall deprive the party injured of his civil action in damages.
A. The court shall make the rule returnable not earlier than the third day after service thereof, at which time the court shall try the rule and hear any defense which is made. B. …The judgment of eviction shall be effective for not less than ninety days.
If the lessee or occupant does not comply with the judgment of eviction within twenty-four hours after its rendition, the court shall issue immediately a warrant directed to and commanding its sheriff, constable, or marshal to deliver possession of the premises to the lessor or owner.
A contract of unspecified duration may be terminated at the will of either party by giving notice, reasonable in time and form, to the other party.
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For implicit guidance on what form of notice delivery may be reasonable in a leasing context, see, e.g.,La. Stat. tit. 9 § 3259(B) & (C):
B. Delivery of written demand for purposes of this Section may be accomplished by mailing the written demand by certified mail to the last known address of the lessee, by personal delivery to the lessee or by tacking the written demand on the door of the leased premises.
C. The provisions of this Section shall apply to oral leases only.
See also La. Stat. tit. 9 § 3259.3 (“The notice shall be delivered in person to the lessee or sent by certified mail to the last known address of the lessee.”)
If the premises are abandoned or closed, or if the whereabouts of the lessee or occupant is unknown, all notices, process, pleadings, and orders required to be delivered or served on the lessee or occupant under this Title may be attached to a door of the premises, and this shall have the same effect as delivery to, or personal service on, the lessee or occupant.
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(Note that posting to the door of the premises is a valid method of service for premises that have NOT been abandoned, per La. Stat. tit. 9 § 3259(B), but ONLY in the highly specific context of evicting an oral lessee for nonpayment of rent.)
When a lessee’s right of occupancy has ceased because of the termination of the lease by expiration of its term, action by the lessor, nonpayment of rent, or for any other reason, and the lessor wishes to obtain possession of the premises, the lessor or his agent shall cause written notice to vacate the premises to be delivered to the lessee.
…
A lessee may waive the notice requirements of this Article by written waiver contained in the lease, in which case, upon termination of the lessee’s right of occupancy for any reason, the lessor or his agent may immediately institute eviction proceedings in accordance with Chapter 2 of Title XI of the Louisiana Code of Civil Procedure.
Can a landlord evict you immediately in Louisiana?No, a landlord cannot evict you immediately in Louisiana. You must be given written notice first, and the landlord must follow the legal eviction procedures, meaning you cannot be removed from the rental unit without a court order.
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Can you evict a tenant without a lease in Louisiana?Yes, you can evict a tenant without a lease in Louisiana. Tenants must be given 5, 10, or 30 days’ written notice depending on the length of the lease term before the landlord can begin an eviction action.
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Can you kick someone out of your house in Louisiana?Yes, you can kick someone out of your house in Louisiana; however, if the person paid rent or performed services around the home in exchange for living there, you may be required to follow the legal eviction process.
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Can a landlord evict someone for no reason in Louisiana?If the lease has expired, or if there is no written lease, then a landlord can evict someone for no reason in Louisiana. However, the landlord is still required to provide at least 5 days’ written notice.
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